DEATH PENALTY: A COMPREHENSIVE STUDY

AUTHOR – ADITYA JHA, STUDENT AT BHARATI VIDYAPEETH, NEW LAW COLLEGE, PUNE

BEST CITATION – ADITYA JHA, DEATH PENALTY: A COMPREHENSIVE STUDY, ILE LAW REPORTER (ILE LRE), 1 (1) of 2023, Pg. 21-24, APIS – 3920 – 0043 | ISBN – 978-81-964391-3-2.

ABSTRACT

We live in a country where the idea of justice and penalty has been prescribed from the ancient times. The idea of punishing the offender emerged when the wrongdoers in the society were made liable to pay for their crimes and this was the time when death penalty came into existence. But gradually an idea that crept into the minds of the wrongdoers was that the intensity of the crimes that are committed by them and the punishment which is prescribed for such crimes is quite lenient with respect to the crime which is committed. This led to the furthermore increase in the crime rates as the offenders were confident about the fact that even if they commit a heinous offence there exists no legislation which would hamper or endanger their life and would enable them to exist and nurture in the jails as well as custody. There are various offences committed which attract different forms of punishments as well as penalties. Out of all forms of punishments given to the offenders Capital punishment or Death penalty is the stringent of all and has been considered as ultimate punishment in various countries around the globe. This article will talk about the definition and concept of death penalty in India as well as the applicable provisions in India regarding capital punishment. There has been a constant debate about whether death penalty should be completely abolished keeping in mind the various rights such as human rights and rights of the offenders. As the Article 21 in India guarantees every citizen in India the right to life as well as personal liberty the coin cannot be said to be having only one-sided result of the toss. The issues related to the punishment to the poor as well as innocent people also draws the attention. As such needy and destitute class of people if involved in a false case cannot afford to hire good advocates for their defence due to the absence of resources.

KEYWORDS: death penalty, various crimes, capital punishment, human rights, legislation.